HomeMy Public PortalAboutPKT-CC-2011-04-26CITY OF MOAB
April 26, 2011
PRE -COUNCIL WORKSHOP
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL CHAMBERS
(217 East Center Street)
Page 1 of 114
Page 2 of 114
Moab City Council
Master Meeting Calendar*
April 2011
April2°"
S M T W T F
May2°"
S S M T W
T F S
10
17
24
1
3 4 5 6 7 8
11 12 13 14 15
18 19 20 21 22
25 26 27 28 29
2 1 2 3 4
9 8 9 10 11
16 15 16 17 18
23 22 23 24 25
30 29 30 31
5 6 7
12 13 14
19 20 21
26 27 28
N
N
N
t9
rn
M
0
M
N
r`
0
M
Nq
Q
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Mar 27
28
29
30
31
Apr 1
2
3
4
5
6
7
8
9
4:00pm 6:00pm
6:00pm 7:00pm
GCWB
GCAB
3:00pm 4:00pm GC Counci
5:00pm 6:00pm kZMU Boa
7:00pm 9:00pm GC Counci
7:00pm 7:30pm Special CC
3:00pm
3:30pm
7:00pm
4:00pm GCSWSSD
4:00pm MARC
9:00pm GWSSA
10
11
12
13
14
15
16
12:30pm 2:00pm
GCCOA
12:00pm 2:00pm TRAIL
3:00pm 4:00pm GCSDBE N
3:00pm 3:30pm MVFPD
6:00pm
6:00pm
7:00pm
7:00pm GC PC
7:00pm TSSSFD
8:00pm TSSD
6:30pm
7:00pm
8:00pm Moab PC
8:00pm CVFP
�:00pm Moab CC ,
17
18
19
20
21
22
23
3:00pm 4:00pm GC Counci
116:00pm 8:00pm Special CC
7:00pm 9:00pm GC Counci
4:30pm
5:00pm
6:00pm
6:30pm
7:00pm
5:30pm GCHPC
6:30pm GCLB
7:00pm GCSDBE
8:30pm CVTC
7:30pm GCRSSD
24
25
26
27
28
29
30
12:00pm 12:30pm MTPSC
6:00pm
7:00pm GC PC
5:30pm
6:30pm MATCAB
6:30pm 9:00pm Moab CC
6:30pm
8:00pm Moab PC
Moab Oty Recorder's Office
1
4/19/2011 10:31 AM
*Meeting end times are approximations only
Page 3 of 114
Entry
Full Description
Meeting location
Dates
CHCSSD
Canyonlands Health Care Special Service District
Grand Center #4
Last Thursday
CVFP
Castle Valley Fire Protection
Community Center #2 Castle Valley Drive
2nd Thursday
CVPC
Castle Valley Planning Commission
Community Center #2 Castle Valley Drive
1st Wednesday
CVTC
Castle Valley Town Council
Community Center #2 Castle Valley Drive
3rd Wednesday
GCCMD
Grand County Cemetary Maintenance District
Sunset Memorial Cemetary
2nd Tuesday
GC Council Meeting
Grand County Council Meeting
125 East Center Street
1st & 3rd Tuesday
GCAB
Grand County Airport Board
125 East Center Street
2nd Tuesday
GCCOA
Grand County Council on Aging
Grand Center
2nd Monday
GCHEC
Grand County Higher Education Committee
USU Extension Office
4th Thursday
GCHPC
Grand County Historic Preservation Committee
Grand Center
4th Wednesday
GCLB
Grand County Library Board
257 East Center Street
2nd Wednesday
GCPC
Grand County Planning Commission
125 East Center Street
2nd & 4th Wednesday
GCRSSD
Grand County Recreation Special Service District
217 East Center Street
2nd Wednesday
GCSDBE
Grand County School District Board of Education
264 South 400 East
3rd Wednesday
GCSWSSD
Grand County Solid Waste Special Service District
100 Sand Flats Road
1st Thursday
GCWB
Grand County Weed Board
Grand Center
1st Monday
GWSSA
Grand Water & Sewer Service Agency
3025 East Spanish Trail Road
1st & 3rd Thursday
LPC
Legislative Policy Committee
Utah Local Governments Trust No. SLC
3rd Monday
MARC
Moab Arts and Recreation Center Advisory Board
111 E. 100 North
1st Thursday
MATCAB
Moab Area Travel Council Advisory Board
125 East Center Street
4th Thursday
MC Council Meeting
Moab City Council Meeting
217 East Center Street
2nd & 4th Tuesday
MCPC
Moab City Planning Commission
217 East Center Street
2nd & 4th Thursday
MMAD
Moab Mosquito Abatement Distrcit
1000 East Sand Flats Road
1st or 2nd Thursday
SEUALG
South Eastern Utah Association of Local Government
Price
2nd Thursday
SEUDHD
South Eastern Utah District Health Department
Green River City Offices
TRAIL MIX
Trail Mix
Grand Center
2nd Tuesday noon
TSSD
Thompson Special Service District
Thompson Springs Fire Station
2nd Tuesday
TSSFD
Thompson Special Service Fire District
Thompson Springs Fire Station
2nd Thursday
Page 4 of 114
Moab City Council
Master Meeting Calendar*
May 2011
May 20„
S M T W T F
June 2011
S S M T W
T F S
15
22
29
1 2 3 4 5 6
8 9 10 11 12 13
16 17 18 19 20
23 24 25 26 27
30 31
7 1
14 5 6 7 8
21 12 13 14 15
28 19 20 21 22
26 27 28 29
2 3 4
9 10 11
16 17 18
23 24 25
30
a
co
m
5
N
m
2
co
N
T
m
a
c
R
rn
N
>.
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
May 1
2
3
4
5
6
7
4:00pm 6:00pm
6:00pm 7:00pm
GCWB
GCAB
3:00pm 4:00pm GC Couna
5:00pm 6:00pm IQMU Boa
3:00pm
3:30pm
7:00pm
4:00pm GCSWSSD
4:00pm MARC
9:00pm GWSSA
6:00pm 8:00pm Special CC
7:00pm 9:00pm GC Counci
8
9
10
11
12
13
14
12:30pm 2:00pm
GCCOA
12:00pm 2:00pm TRAIL
3:00pm 4:00pm GCSDBE N
3:00pm 3:30pm MVFPD
r6:30pm 9:00pm Moab CC
6:00pm
6:00pm
7:00pm
7:00pm GC PC
7:00pm TSSSFD
8:00pm TSSD
6:30pm
7:00pm
8:00pm Moab PC
8:00pm CVFP
15
16
17
18
19
20
21
3:00pm 4:00pm GC Counci
7:00pm 9:00pm GC Counci
5:00pm
6:00pm
6:30pm
7:00pm
6:30pm GCLB
7:00pm GCSDBE
8:30pm CVTC
7:30pm GCRSSD
5:30pm
6:30pm MATCAB
22
23
24
25
26
27
28
12:00pm 12:30pm M I F4i
5:00pm 6:00pm SEUDHD
6:00pm
7:00pm GC PC
6:30pm
8:00pm Moab PC
6:30pm 9:00pm Moab CC
29
30
31
Jun 1
2
3
4
6:00pm 8:00pm Special C1t
Moab Oty Recorder's Office
2
4/19/2011 10:31 AM
"Meeting end times are approximations only
Page 5 of 114
Entry
Full Description
Meeting location
Dates
CHCSSD
Canyonlands Health Care Special Service District
Grand Center #4
Last Thursday
CVFP
Castle Valley Fire Protection
Community Center #2 Castle Valley Drive
2nd Thursday
CVPC
Castle Valley Planning Commission
Community Center #2 Castle Valley Drive
1st Wednesday
CVTC
Castle Valley Town Council
Community Center #2 Castle Valley Drive
3rd Wednesday
GCCMD
Grand County Cemetary Maintenance District
Sunset Memorial Cemetary
2nd Tuesday
GC Council Meeting
Grand County Council Meeting
125 East Center Street
1st & 3rd Tuesday
GCAB
Grand County Airport Board
125 East Center Street
2nd Tuesday
GCCOA
Grand County Council on Aging
Grand Center
2nd Monday
GCHEC
Grand County Higher Education Committee
USU Extension Office
4th Thursday
GCHPC
Grand County Historic Preservation Committee
Grand Center
4th Wednesday
GCLB
Grand County Library Board
257 East Center Street
2nd Wednesday
GCPC
Grand County Planning Commission
125 East Center Street
2nd & 4th Wednesday
GCRSSD
Grand County Recreation Special Service District
217 East Center Street
2nd Wednesday
GCSDBE
Grand County School District Board of Education
264 South 400 East
3rd Wednesday
GCSWSSD
Grand County Solid Waste Special Service District
100 Sand Flats Road
1st Thursday
GCWB
Grand County Weed Board
Grand Center
1st Monday
GWSSA
Grand Water & Sewer Service Agency
3025 East Spanish Trail Road
1st & 3rd Thursday
LPC
Legislative Policy Committee
Utah Local Governments Trust No. SLC
3rd Monday
MARC
Moab Arts and Recreation Center Advisory Board
111 E. 100 North
1st Thursday
MATCAB
Moab Area Travel Council Advisory Board
125 East Center Street
4th Thursday
MC Council Meeting
Moab City Council Meeting
217 East Center Street
2nd & 4th Tuesday
MCPC
Moab City Planning Commission
217 East Center Street
2nd & 4th Thursday
MMAD
Moab Mosquito Abatement Distrcit
1000 East Sand Flats Road
1st or 2nd Thursday
SEUALG
South Eastern Utah Association of Local Government
Price
2nd Thursday
SEUDHD
South Eastern Utah District Health Department
Green River City Offices
TRAIL MIX
Trail Mix
Grand Center
2nd Tuesday noon
TSSD
Thompson Special Service District
Thompson Springs Fire Station
2nd Tuesday
TSSFD
Thompson Special Service Fire District
Thompson Springs Fire Station
2nd Thursday
Page 6 of 114
City of Moab
217 East Center Street
Moab, Utah 84532
Main Number (435) 259-5121
Fax Number (435) 259-4135
www.moabcity.org
City of Moab - Regular Council Meeting
City Council Chambers: 217 East Center Street
Tuesday, April 26, 2011 at 7:00 p.m.
4111111111111111111111111111111111111111111111111111111111111111111
6:30 p.m. PRE -COUNCIL WORKSHOP
7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
SECTION 1: APPROVAL OF MINUTES
SECTION 2: CITIZENS TO BE HEARD
SECTION 3: DEPARTMENTAL UPDATES
3-1 Community Development Department
3-2 Engineering Department
3-3 Planning Department
3-4 Police Department
3-5 Public Works Department
SECTION 4: PRESENTATIONS AND PROCLAMATIONS
SECTION 5: NEW BUSINESS
5-1 Approval of a Special Business Event License for Jim Mattingly to Conduct the
April Action Car Show at Swanny City Park on April 30, 2011
5-2 Approval of a Class II Beer License for Rex Tanner, d.b.a. The Blu Pig Located
at 811 South Main Street
5-3 Award of the 2011 Chip Seal Project
5-4 Approval of the 2011 Chip Seal Project Contract
5-5 Approval of a Partnership Agreement for the Establishment of the Southeast
Utah Tamarisk Partnership (SEUTP) to Develop a Collaborative and
Comprehensive Approach to Restore, Protect and Maintain a Healthy
Riparian Ecosystem in the Colorado River Watershed in Grand and San Juan
Counties, Utah
Page 7 of 114
5-6 Consideration of Proposed Ordinance #2011-07 — An Ordinance Amending
Portions of Chapters 16.04. Definitions, and 17.06, Definitions, and Adding
New Language For Terms A Through E
5-7 Consideration of reconsideration of proposed ordinance #2011-10, an
ordinance of the City of Moab Amending the official City of Moab Zoning
Map for the Purposes of Approving of an Application to Rezone portions of
the Red Rock Partners Property located at 61 North 100 West from C-2 and
R-4 to C-3
5-8 Consideration of Proposed Ordinance #2011-10, an ordinance of the City of
Moab Amending the official City of Moab Zoning Map for the Purposes of
Approving of an Application to Rezone portions of the Red Rock Partners
Property located at 61 North 100 West from C-2 and R-4 to C-3
SECTION 6: READING OF CORRESPONDENCE
SECTION 7: ADMINISTRATIVE REPORTS
SECTION 8: REPORT ON CITY/COUNTY COOPERATION
SECTION 9: MAYOR AND COUNCIL REPORTS
SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 11: ADJOURNMENT
In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting
should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three
(3) working days prior to the meeting. Check our website for updates at: www.moabcity.org
Page 8 of 114
DATE PAID:
AMOUNT PAID:
RECEIPT NO.:
8b.o
o
CITY OF MOAB
SPECIAL BUSINESS EVENT LICENSE APPLICATION
217 EAST CENTER STREET
MOAB, UTAH 84532
(435) 259-5121 1 FAX (435) 259-4135
PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB
SPECIAL EVENT FEE:
PLUS (CHECK ONE):
❑ TRANSIENT ($80):
OR
(71_CURRENT CITY OR
rr COUNTY LICENSE
(ATTACH COPY]
TOTAL FEES:
LICENSE #:
ZONE:
$80.00
Sa:°,_
K
NAME OF EVENT:
DESCRIPTION OF EVENT:
LOCATION OF EVENT:
PREMISES TO BE USED:
C?,„1. fU
l
li'7j
TEMPORARY STRUCTURES TO BE USED (IF ANY): 4/4 %
DATE(S) AND TIME(S) OF EVENT: f(>� ``�� tii/J/�7 "�
ANTICIPATED # OF EVENT PARTICIPANTS: NUMBER OF VENDORS PARTICIPATING: 740
TYPES OF VENDORS PARTICIPATING IN EVENT:
EXPLAIN FEES GENERATED BY THE EVENT (I.E, ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.):
EVENT SPONSOR'S NAME:
SPONSOR'SADDRESS: , )12)
SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: ■
SPONSOR'S SOCIAL SECURITY NUMBER:
PHONE: �� c.1-61S
CITY: ...97.,10,4 STATE:
TYPE OF ORGANIZATION: 0 PROPRIETORSHIP O PARTNERSHIP
ORPORATION El OTHER (SPECIFY):
DATE OF BIRTH:
EVENT SPONSORS SALES TAX ID It AME REGISTERED WITH THE STATE FOR TAX ID:
THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. iT IS
UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR
THE ISSUANCE OF A LICENSE WILL BE DELAYED.
iMIE _cJ% y.+�/�!%1
P E PENT-2- NAME(S) f HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY
BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE
INFORMATION CONTAINED HEREIN IS TRUE. INUE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION
AND APPLICANT (SPONSOR), E GR E TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH.
p«,sor
tate of Utah
) SS
County of Grand ) .�
SUBCRIBED AND SWORN to before me this /0 f day of
fcef.4
NOTA Y PUBLIC
Dale
ZQ'! 1
SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT!
Page 9 of 114
5-1
ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE.
ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE).
ATTACH ADDITIONAL INFORMATION INDICATED BELOW:
LICENSE APPROVALS
CITY STAFF
❑ APPROVED
❑ DISAPPROVED
REASON(S):
LICENSE EXPIRATION DATE:
SIGNATURE OF CITY STAFF
MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES
AGENDA DATE:
D APPROVED
D DISAPPROVED
REASON(S):
EVENT COST RECOVERY SURCHARGE:
SPECIAL CONDITIONS:
ft` F"
=%Y" MCP '1C:� "g1s-�.�y�.
Page 10 of 114
07/01/05
5-1
CITY OF MOAB
n
BUSINESS LICENSE
COMPLIANCE
FORM
217 E CENTER STREET
MOAB, UT 84532
PHONE: (435) 259-5121
FAX: (435) 259-4135
FOR ZONING OFFICE USE ONLY
PARKING: �ix15Tl�1�
MOAB CITY CODE: OY-
SIGN PERMIT: Pe/6U I
MOVED -ON NECESSARY: ❑ YES Lpl NO
REQUIRES PLANNING
ti
COMMISSION APPROVAL El YES NO
REVIEWED BY
ZONING
4142.1i4M
ADMINISTRATOR:'
IGNATURE
DATE: '1.
NAME OF APPLICANT:
J
APPLICANTS MAILING ADDRESS:
PHONE:
CITY: ��%O,(-1 STATE:
BUSINESS NAME:
BUSINESS LOCATION:
ZONE:
DETAILED DESCRIPTION OF BUSINESS ACTIVITY:
c �a'�
06/16/05
Page 11 of 114
5-1
I
BY THE AUTHORITY OF
THE CITY COUNCIL OF MOAB, UT
THIS CERTIFICATE OF
LICENSE
IS HEREBY GRANTED TO
OMNI PRODUCTIONS INC
LOCATED AT: 115 W 200 S STE 1 & 2
LICENSE NO. 1829
Not Transferable
FROM: 07/01/2010
EXPIRES: 06/30/2011
In conformity with the ordinances of the City of Moab, Utah, to conduct a VlbE0 PRODUCTION
business located within the City of Moab, Grand County, State of Utah commencing on 7/1/2010
and ending on 6/30/2011 subject to the provisions of the City of Moab ordinances, and having
paid to the MOAB CITY TREASURER the sum of $40.00 dollars.
LICENSE TYPE: PROFESSIONAL
In accordance with the order of the Moab City
Council, this license is hereby duly authorized, given
under my hand and the seal of the City of Moab on
June 30, 2010.
CITY RECORDER
Page 12 of 114
5-1
DATE PAID: `i I LI t
AMOUNT PAID I
RECEIPT NO.: `1
921.3
/r4:514,-
Crnr of MOAB
RETAIL BEER* LICENSE APPLICATION
217 EAST CENTER STREET
MOAB, UTAH 84532
(435) 259-5121 / FAX (435) 259-4135
PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB
❑ CLASS I FEE:
pf CLASS II FEE:
❑ PRIVATE CLUB
❑ CLAss III FEE:
❑ CLASS IV FEE:
LICENSE #:
$180.00
$180.00
$650.00
$80.00
$80.00
APPLICANT'S PERSONAL INFORMATION
FULL NAME: Re)( 1-6,A ,C
HOME ADDRESS: I-}()�9 Z t t'i/71.1 Vl f ' FlI L� CITY: kjtrik) STATE: I tt ZIP: xL�jZ.
SOCIAL SECURITY NUMBER:
DRIVER LICENSE NUMBER & STATE:
DATE OF BIRTH:
HOME PHONE:
BUSINESS INFORMATION
BUSINESS NAME: l
BUSINESS ADDRESS:
I, AlAYI .ifi; att 7RA - 1 inn, IA
1I 1/11ri.0 Lit 114557_
BUSINESS MAILING ADDRESS: O BOX C-1 _ CITY: P/101 b .
SALES TAX ID #:
BUSINESS PHONE:
STATE: U-1- Zip: .y53Z
WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE
LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS!
CONTACT THE STATE NOW!
THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE)
❑ CLASS I
CLASS II
❑ PRIVATE CLUB
0 CLASS III
❑ CLASS IV
Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and
in original containers, for consumption on or off the premises, in accordance with the Liquor
Control Act and the Ordinances of the City.
Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises
for consumption on the premises, in accordance with the Liquor Control Act and Ordinances
of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose
primary purpose is the dispensing of food.
Same conditions as Class I and Class II Beer Licenses.
Retail License shall entitle the Licensee to sell Beer on the premises licensed in original
containers, for consumption off the premises in accordance with the Liquor Control Act and
the Ordinances of the City.
Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and
in original containers, for consumption on the premises in accordance with the Liquor Control
Act and the Ordinances of the City limited to the dates specified.
Will you also serve liquor, wine or heavy beer (over 3.2% by weight)?
❑ NO j YES (Requires 'Local Consent' approved by City Council prior to State approval.)
2. List brands of beer proposed to be sold by the applicant within the City of Moab:
All 43/2_ &Jo molanif,
'Beer application is for 3.2% by weight only. Also requires a State license.
Page 13 of 114
09/21105
5-2
3. Have you ever been convicted of any offense other than a minor traffic violation?
.500 O YES (If yes, list offenses along with an explanation. Include locations and dates.)
4. The Applicant MUST provide to the City of Moab a copy of the Criminal History Report from the State
of Utah if required for Class 1,11, Private Club and Class IV.
Class 111 Applicants MUST contact the Moab City Police Department License Investigator as soon as
possible to be fingerprinted and photographed. A background check is also required.
THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN
APPOINTMENT.
HEALTH INSPECTOR
(435) 259-5602
471 SOUTH MAIN
DATE OF INSPECTION
APPROVED ❑ DISAPPROVED ❑
REASON:
SIGNATURE
MOAB CITY COUNCIL
AGENDA DATE:
❑ APPROVED
❑ DISAPPROVED
REASON(S):
SPECIAL CONDITIONS:
Page 14 of 114
5-2
RETAIL BEER LICENSE APPLICATION
Submit completed application and attachments to the City Treasurer for processing.
The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32,
Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully
complied with the Utah Liquor Control Act.
This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business
beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned
applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply
with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission
adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully
comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of
excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising,
and regulation 5 relating to unfair competition and unlawful practice.
pplicant's Signature
STATE OF UTAH
COUNTY OF GRAND
"kr' y' ,r , being first duly sworn, on his/her oath deposes and says: That
he/she is the applicant above named; that he /she has read the foregoing application, and knows and
understands the contents thereof; that the same is true to his/her own knowledge,
Subscribed and sworn to before me on this / - day of
c U /f
5-2
5-2
Page 17 of 28
5-3
04/12/2011 09:56 4352592776
MOAB PUBLIC WORKS
PAGE 01
Name
gl�q 01 '
'A; 0 3 k40,,ksz_ +-
4
5
6
7
8
9
10
11
12
13
14
15
16
Chip Seal
Bid Opening April 8, 2011
13a4.4iR.,
Amount
17
18
19
l
O
»4- -
lq,100
l r le-f•1100
1114 6,5latcl
c19,60,
20
Present at Bid Opening:
4!8/2011
Page 18 of 28
City of Moab Recorder's Office
CONSTRUCTION CONTRACT
(Contractor Payment Bond and Performance Bond)
This CONTRACT is made and entered into this, by and between CITY OF MOAB
of Moab, Utah, a Municipal Corporation in the County of Grand, State of Utah, in the
Contract Documents referred to as the "City," and LeGrand Johnson, herein referred to as
the "Contractor".
RECITALS
WHEREAS, the City advertised that sealed Bids would be received for furnishing all
labor, tools, supplies, equipment, materials and everything necessary and required for the
Project described by the Contract Documents and known as 2011 Chip Sealant Project;
and
WHEREAS, the Contract has been awarded to the above named Contractor by the
City, and said Contractor is now ready and able to perform the work specified in the Notice
of Award, in accordance with the Contract Documents.
NOW, THEREFORE, in consideration of the mutual promises and performances
stated herein, the sufficiency of which all parties acknowledge, it is agreed as follows:
ARTICLE 1
Contract Documents. It is agreed by the parties that the following list of
instruments, drawings, and documents which are attached and incorporated by reference
constitute and shall be referred to either as the Contract Documents or the Contract, and
all of said instruments, drawings, and documents taken together as a whole constitute the
Contract between the parties:
a. Bid specifications for the Project;
b. Official design prints and specifications furnished by or to the Contractor and
approved by the City;
c. Change orders, approved written instructions, and written contract amendments;
d. Performance and Payment bonds;
e. General and Supplementary Conditions; and
201 1 Chip Sealant Project Page 1 of 10
Page 19 of 28
5-4
f. Notice of Award.
ARTICLE 2
Definitions. In accordance with Article 1, the definition of items provided in the
General Contract Conditions applies to their usage in the Contract and other portions of
the Contract Documents.
ARTICLE 3
Contract Work. The Contractor agrees to furnish all labor, supervision, tools,
supplies, equipment, materials, and all that is necessary and required to complete the
tasks associated with or described in the Contract Documents, as limited to those items as
indicated in the Notice of Award (the "Work"). Contractor warrants that all construction
shall be completed in a workmanlike manner and in accordance with all plans,
specifications, and applicable building codes.
a. Upon request, Contractor shall provide to the City a list of all subcontractors
who will provide construction services under the Contract. All goods and services
provided by subcontractors, material suppliers, and laborers shall be pursuant to written
agreement between all such persons and the Contractor. Contractor shall be solely
responsible for supervision of all of its employees and subcontractors, and assuring that
work by those persons conforms to the Contract Documents. Contractor shall be solely
responsible for payment to all laborers, subcontractors, and material suppliers in
connection with work performed under the Contract. Any non-payment by Contractor of
sums owing to laborers, material suppliers, or subcontractors is material breach of this
Contract. The City, in its discretion, shall be authorized to contact subcontractors, material
suppliers, and laborers working on the project for the purpose of verifying compliance with
this Section.
ARTICLE 4
Contract Time and Liquidated Damages. The Contractor hereby agrees to
commence work under the Contract on or before the date specified in a written Notice to
Proceed from the City, and to substantially and fully complete the work within the time
specified in the Special Conditions. In the event that the work is not completed in the
times set forth and as agreed upon, the Contractor further agrees to pay Liquidated
Damages to the City as set forth in the Special Conditions.
Special Conditions: The Contractor shall complete the Work no later than
August 15, 2011. Liquidated damages for delay in the amount of $250 per
day shall be assessed against the Contractor in the event that the Work is
not finally complete and accepted by the City by the agreed completion date.
Remedies under this Article 4 are cumulative to any other remedies provided
in this Contract.
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ARTICLE 5
Contract Price and Payment Procedures. The Contractor shall accept as full and
complete compensation for the performance and completion of all of the work specified in
this Contract and the Contract Documents, the sum of $118,440.00 ("Contract Price").
The Contract Price has been lawfully appropriated by the City Council of the City of Moab
for the use and benefit of the Project. The Contract Price shall not be modified except by
written change order, as set forth below.
a. Partial payments shall be made proportionate to the progress of the work
according to the following schedule and (if applicable) the schedule of values in the
Contract Documents, but subject to this Article Five: [insert payment schedule]
Pay Applications shall be prepared by the Contractor and subject to review and approval
by the Project Manager based upon the schedule, above. In no event shall the Contractor
be entitled to progress payments exceeding percentage of the Work that is completed in
accordance with the Contract Documents, less retainage, inclusive of materials ordered
and delivered to the site as measured against the total Contract Price.
b. The City shall retain the sum of five percent (5%) of the total Contract Price,
which sum shall be disbursed to Contractor no later than ten (10) days from the date when
the Work is determined by the City to be finally complete and in conformity with the
Contract Documents.
c. In the event of default under this Contract, the City may retain and deduct from
the sums owing under this Contract amounts sufficient to cure or abate the breaching
condition, damages, or event.
ARTICLE 6
Bonds and Insurance. a. Contemporaneous with issuance of the Notice to
Proceed Contractor shall furnish to the City payment and performance bonds
acknowledged by a surety licensed and authorized to do business in the State of Utah, in
a form acceptable to the City, and in an amount equal to the total Contract Price. The
bonds shall be attached to and incorporate by reference the Contract Documents. The
bonds shall be issued pursuant to U.C.A. § 63-56-38 for the use and benefit of
subcontractors, laborers, and material suppliers, and for the use and benefit of the City to
secure Contractor's performance of its construction obligations under this Contract.
Alternately, Contractor may provide an irrevocable letter of credit in a form acceptable to
the City and naming the City as beneficiary for the purpose of satisfying its payment and
performance bond obligations.
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b. Bonds in amounts of $1,000.00 or less will be made in multiples of $100.00;
in amounts exceeding $5,000.00, in multiples of $1,000.00; provided that the amount of
the bond shall be fixed at the lowest sum that fulfills all conditions of the Contract.
c. The letter of credit, payment bond, and performance bond shall be released
no later than one year from the date of award of this Contract, provided that no person has
provided a demand for payment as provided by law or commenced an action seeking
payment against the City or under any such instrument within that time. In the event any
person described in subsection (a), above, issues a demand or commences suit against
the City, the City shall be entitled to draw upon the bond or letter of credit to the extent of
all sums claimed, including reasonable attorney fees and court costs that may be incurred
by the City. At its option, the City may elect to interplead said funds into a court of
competent jurisdiction, at which point the City will be discharged of any further liability. In
the event the City declares default under this Contract, it shall be entitled to proceed
against the Performance Bond.
d. Contractor shall obtain written lien and payment waivers as specified in
Exhibit A, attached, from all laborers, subcontractors and material suppliers
contemporaneous with each payment advanced to those persons under this Contract.
Upon final completion of the Contract, or upon tender of the final payment to each such
subcontractor or material supplier, Contractor shall obtain a final lien and payment waiver.
The waivers shall be on forms acceptable to the City, and Contractor shall deliver all such
waivers contemporaneous with each disbursement pursuant to the Contract.
e. Contractor shall provide a Certificate of Insurance as outlined in the
following insurance requirements. The limits of liability for the insurance required by the
Contractor shall provide coverage for not less the following amounts or greater where
required by law:
Workers' Compensation
1. State: Statutory
2. Applicable Federal: Statutory
3. Employer's Liability: State Insurance Requirements
Comprehensive General Liability:
1. Bodily Injury:
$1,000,000 (combined single limit CSL) Each Occurrence
$1,000,000 Annual Aggregate, including
Products and Completed Operations
Hazard
2. Property Damage:
$1,000,000 CSL
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Each Occurrence
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$1,000,000 Annual Aggregate
3. Property Damage Liability Insurance shall provide Explosion, Collapse, and
Underground coverage where applicable.
4. Personal Injury, with employment exclusion deleted.
$1,000,000 CSL
Comprehensive Automobile Liability:
1. Bodily Injury:
$1,000,000 CSL
$1,000,000 CSL
Each Person
Each Accident
2. Property Damage:
$1,000,000 CSL Each Occurrence
Contractor shall maintain insurance covering casualty to materials purchased for
the Work and stored on or off site.
f. The Comprehensive liability insurance shall include completed operations
hazard insurance. All of the policies of insurance so required to be purchased and
maintained (or the certificates or other evidence thereof) shall contain a provision or
endorsement that the coverage afforded or canceled, materially changed, or renewal
refused until at least thirty days prior written notice has been given to the City by
certified mail. All such insurance shall remain in effect until final acceptance of the
Work by the City, and at all times thereafter when Contractor may be correcting,
removing, or replacing defective work. The City shall be endorsed as an additional
insured under the general liability policy.
g. Contractor shall record a Notice of Commencement and Notice of
Completion and, as provided under U.C.A. § 38-1-31 and § 38-1-33.
ARTICLE 7
Integrated Contract; Change Orders. The Contract Documents constitute the entire
agreement between the City and Contractor, and shall supercede any prior
representations or discussions. The Contract may only be altered, amended or repealed
by a duly executed written agreement signed and lawfully approved by both parties,
except as noted by subsection (b), below. This Contract shall not be assigned, in whole or
in part, except upon approval in writing by both parties.
a. Contractor shall not be entitled to compensation in excess of the Contract
Price, nor shall additional work be undertaken, except upon approval of a change order
signed by both parties. The change order shall specify the upward or downward change in
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the Contract Price, the scope of the work to be performed or omitted, and the change in
the Contract Time, if applicable.
b. In the event that budgetary, or other unforeseen circumstances, render
completion of the Contract Work impracticable, the City, in its discretion, may unilaterally
issue a construction change directive reducing the scope of the Work or omitting certain
items from the Contract. In that event, the Contract Price will be proportionately reduced.
Construction change directives may only be issued with respect to work that has not been
performed as of the date of the change.
ARTICLE 8
Warranties. The Contractor warrants to the City that all the construction performed
under this Contract shall be constructed in a workmanlike manner, in accordance with
approved plans and applicable building codes, and free from defects of workmanship,
labor, and materials, for a period of one year from the date of final completion of the
improvements, as certified by the Project Manager. Upon written notice from the City,
Contractor agrees to repair or replace any Contract Work that is found to be defective.
ARTICLE 9
Extensions. For good cause shown, the City may grant a reasonable extension of
time for the completion of improvements pursuant to this Contract. Good cause may
include acts of God, severe weather disturbances (beyond those conditions which are
typical to the Moab climate), floods, strikes, riots, or other acts or causes which are
unforeseen and beyond the Contractor's control. Extensions of time or change orders for
additional compensation shall not be authorized for inexcusable delay, which shall be
defined to include, but not be limited to, inadequate crewing; inadequate supervision; late
ordering of materials; failure to properly coordinate work; or similar events which could
have been avoided with proper foresight, care, or planning by Contractor. All extensions
shall be approved in the manner provided for change orders
ARTICLE 10
Legal ComplianceLSafety, Indemnity. Contractor hereby warrants that it is licensed
and authorized to do business in the State of Utah; that it maintains complying policies for
workers compensation coverage and that said coverage shall be in place for the duration
of its performance under this Contract; that it maintains insurance coverage as described
in this Contract; and that all such policies shall be in place for the duration of this Contract.
Contractor further warrants that it shall perform this Contract in compliance with all
applicable City, state, and federal laws, including all applicable regulations governing
workplace safety, including but not limited to those promulgated by the Occupational
Safety and Health Administration (OSHA). With respect to workplace safety, Contractor
shall at all times employ properly trained individuals and subcontractors, who shall work
under appropriate supervision. Contractor shall also hold regular safety meetings as
necessary and appropriate, given the particular safety issues presented by the Work.
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(Seal)
Contractor:
Date: By:
Title
Title:
State of Utah )
County of Grand )
On the day of , personally appeared before me
, who duly acknowledged to me that they
executed the same.
Notary Public
My Commission Expires: Residing in: Grand County
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Exhibit A
PAYMENT AND LI EN WAI VER
This payment and lien waiver is made and executed this day of
, 200 by ("Subcontractor") in favor
of the City of Moab, a Utah municipality ("City"), and
("Contractor"). Subcontractor acknowledges receipt of the sum of $
check number , in partial satisfaction of sums owing for labor, materials, or
construction services pursuant to a subcontract between Contractor and Subcontractor in
connection with the , project owned by the City and
located at (address).
Upon receipt of the funds referenced herein, Subcontractor waives any and all
rights against Contractor, the City, or applicable bond sureties to sue or seek
compensation with respect to the sums paid, or for labor, materials, or construction
services provided through the date of this release. This release extinguishes any claim or
right of action pursuant to U.C.A.§ 63-56-38 and § 14-1-19, as amended. This release
does not apply to labor, materials, or construction services provided subsequent to the
date referenced above.
By:
Subcontractor
Title:
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CITY OF MOAB
217 EAST CENTER STREET
MOAB, UTAH 84532.2534
MAIN NUMBER (435) 259.5 1 2 1
FAX NUMBER (435) 259.4135
To: Mayor and City Council
From: Donna Metzler, City Manager
Date: April 21, 2011
Subject: Tamarisk Agreement
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
JEFFREY A. DAVIS
SARAH BAUMAN
KIRSTIN PETERSON
GREGG W. STUCKI
The Southeast Utah Tamarisk Partnership (SEUTP) has presented to the City the attached
"Partnership Agreement for the Establishment of the Southeast Utah Tamarisk
Partnership (SEUTP) to develop a collaborative and comprehensive approach to restore,
protect and maintain a healthy riparian ecosystem in the Colorado River watershed in
Grand and San Juan Counties, Utah." The City of Moab has been involved in this effort
for several years. The elements of the Partnership are clearly outlined in the agreement,
along with the draft Charter, also attached. An Annual Work Plan is also attached for
reference.
Sue Bellagamba, representing the partnership, will be available at the City Council
meeting to answer any questions about the proposed agreement.
City staff recommends participation in the Partnership Agreement.
ADM-MEM-11-04-003
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PARTNERSHIP AGREEMENT
For the Establishment of the Southeast Utah Tamarisk Partnership (SEUTP)
to develop a collaborative and comprehensive approach to restore, protect and maintain a
healthy riparian ecosystem in the Colorado River watershed in Grand and San Juan
Counties, Utah
This Partnership Agreement is made and entered into by and between the following parties:
Bureau of Land Management (BLM), Castleland Resource Conservation and Development
Council, Inc. (CRCDC), City of Moab, Glen Canyon National Recreation Area (GLCA), Grand
Canyon Trust (GCT), Grand Conservation District (GCD), Grand County, National Park Service
(NPS), National Wild Turkey Federation (NWTF), Natural Resources Conservation Service
(MRCS), Plateau Restoration Inc. (PRI), Rim to Rim Restoration (RRR), San Juan County,
Utah Association of Conservation Districts (UACD), Tamarisk Coalition (TC), The Nature
Conservancy (TNC, a District of Columbia non-profit corporation), Town of Castle Valley, Utah
Department of Transportation (UDOT), Utah Division of Forestry Fire and State Lands
(UDFFSL), Utah Division of Wildlife Resources (UDWR), Utah Trust Lands Administration,
(SITLA), consultants, and private property owners.
Article I. Background and Objective
Tamarisk, Russian olive and other nonnative woody species have significantly impacted the
riparian areas along the Colorado River and its tributaries within Grand and San Juan counties,
Utah. These infestations are causing harmful impacts to wildlife habitat, recreational use, and
water resources, while increasing wildfire hazards. These nonnative species have spread beyond
the riparian floodplain into zones typically dominated by more semi -arid vegetation. Local
communities, state and federal agencies, non-profit and private companies, and private
landowners desire to develop a collaborative and comprehensive approach to address this issue.
In August of 2004 with assistance from the State of Utah, USU's Extension Agent and Grand
County's Weed Supervisor began releasing Diohrabda spp. (tamarisk leaf beetle) at private and
state-owned locations along the Colorado River. Supplemental releases and years of reproduction
have left the Colorado River watersheds in Grand and San Juan Counties with some of the
largest active areas of tamarisk leaf beetle and have dramatically changed the impact of tamarisk
on our region. In response to these releases, numerous restoration and research projects have
been implemented, yet there is a need for more projects to reduce the impacts of tamarisk and to
increase more favorable native vegetation.
Article II. Purpose of Partnership Agreement
The purpose of this Partnership Agreement is to create principles of cooperation and
coordination among the signatories so that they may formally establish and administer the
SEUTP, resulting in more efficient and effective riparian restoration projects in the SEUTP
planning area. The SEUTP members are committed to restoring, protecting, and maintaining a
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healthy riparian ecosystem in our Colorado River watershed. SEUTP will define finite objectives
and specific actions through an Annual Plan of Work. A more specific description of operating
norms can be found in the attached SEUTP Charter.
Article III. Purpose of SEUTP
The SEUTP will facilitate collaborative efforts between federal and state resource management
agencies, state, county and municipal governments, non-profit organizations, private interests,
agency officials, academic institutions, and research scientists to improve the riparian health and
natural function of the rivers and streams in southeastern Utah. SEUTP will utilize the best
available science, community input and adaptive management in its planning and project
implementation efforts. SEUTP does not seek to pre-empt, override, or dictate management on
any federal, state, or private lands. The SEUTP itself does not have the power to alter existing
public land management prescriptions of the area. Changes in land management prescriptions
are subject to federal, state, and local land use planning, policy and decision making procedures.
The specific roles of SEUTP may include:
• Recommend project priorities, project design strategies, and collaborate on
monitoring and evaluating restoration projects within the framework of the
SEUTP goals and the regulations of the partners.
• Assist in the implementation of restoration activities from a landscape perspective
across administrative and land -ownership boundaries.
• Collaborate on funding opportunities for restoration efforts along the Colorado
River.
• Identify research needs for restoration -related research studies and encourage
agencies and universities to begin such studies; also provide support and
assistance to those entities performing research.
• Share information regarding riparian restoration.
• Provide centralized information management for relevant activities conducted in
Grand and San Juan Counties and its individual partners.
• Provide a forum for public input, information, and education that transcends
agency, administrative, and ownership boundaries.
Article IV. Authority
The National Park Service may enter into this Partnership Agreement through the general
management authorities contained in 16 U.S.C. Sections 1 through 3.
The Bureau of Land Management may enter into this Partnership Agreement under the Federal
Land Policy and Management Act of 1976, 43 U.S.C. 1737, Sec 307.
Article V. Roles and Responsibilities
A. All Signatories will:
• Support the goal and objectives of the SEUTP as set forth in this Partnership
Agreement, the SEUTP Charter, and the SEUTP Annual Plan of Work;
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" W o r k t o i n c r e a s e a w a r e n e s s a n d s u p p o r t f o r S E U T P '